South Africa Case Law

Makatse v National Lotteries Commission (1406/18)

Makatse v National Lotteries Commission (1406/18) [2021] ZAECELLC 12 (15 April 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

1406/18

Judge

Stretch

The court found that the plaintiff committed multiple acts of serious misconduct, including unauthorised media disclosures, failure to disclose a conflict of interest, and abuse of employer resources, all in breach of the employment contract and relevant policies. The defendant provided the plaintiff with disciplinary platforms, but he chose to ventilate his grievances through the media, despite written warnings and pending disciplinary proceedings. The contract was subject to the Basic Conditions of Employment Act, which allows for summary dismissal in appropriate circumstances. The court he…

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• Summary Dismissal
• Breach Of Employment Contract
• Disciplinary Hearing Rights
• Causation In Damages
• Conflict Of Interest
• Disclosure Of Confidential Information

Palm Stationery Manufacturers (Pty) Ltd and Another v Acting Head of Department: Mpumalanga Department of Education and Others (4080/2018)

Palm Stationery Manufacturers (Pty) Ltd and Another v Acting Head of Department: Mpumalanga Department of Education and Others (4080/2018) [2019] ZAMPMHC 18 (15 November 2019)

Court

Middelburg High Court, Mpumalanga

Case number

4080/2018

Judge

Legodi JP

The court held that the bid documents of Freedom Stationery (Pty) Ltd are relevant to the review of the tender award and must be disclosed as part of the Rule 53 record. The applicant's exclusion from the tender process and the award to Freedom Stationery are intertwined issues, and the documents are necessary for the applicant and the court to assess the lawfulness of the decision. The court rejected the respondent's arguments on irrelevance and confidentiality, finding that confidentiality does not confer privilege against disclosure and that a confidentiality regime can protect sensitive i…

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• Rule 53 Record
• Disclosure Of Confidential Information
• Tender Review
• Public Procurement
• Procedural Fairness

Peolwane Properties (Pty) Ltd v Commissioner for the South African Revenue Service and Another (50763/16)

Peolwane Properties (Pty) Ltd v Commissioner for the South African Revenue Service and Another (50763/16) [2017] ZAGPPHC 372 (8 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

50763/16

Judge

Wright

The court held that the judgment of Mali J in the Tax Court dismissing the application to compel disclosure was interlocutory and not appealable under the Tax Administration Act. The applicant's attempt to amend its notice of motion was deemed fruitless, as the application failed regardless of the amendment. The proceedings initiated by the applicant after the Tax Court's decision were unnecessary and irregular, causing the respondents undue trouble and expense. The court found that the applicant's rights were adequately protected by the statutory appeal process and that any delay or cost was…

Source excerpt

• Tax Court Jurisdiction
• Disclosure Of Confidential Information
• Appealability Of Interlocutory Orders
• Costs Orders

Langa and Others v Active Packaging (Pty) Limited (JA76/99)

Langa and Others v Active Packaging (Pty) Limited (JA76/99) [2000] ZALAC 23; [2001] 1 BLLR 37 (LAC); (2001) 22 ILJ 397 (LAC) (3 November 2000)

Court

Labour Appeal Court

Case number

JA76/99

Judges

JHM Traverso, RMM Zondo, MM Joffe

Labour Appeal Court upheld the retrenchments, finding section 189 consultation began in 1997 and that sufficient financial information was disclosed.

• Retrenchment
• Consultation Process
• Disclosure Of Confidential Information
• Section 189 Compliance
• Costs De Bonis Propriis
• Consultation-process